King-Koi v State of Queensland (Department of Education)

Ms Sara King-Koi, a Speech Language Pathologist, appealed the decision of the Department of Education not to convert her employment status from temporary to permanent. The appeal was heard in the Queensland Civil and Administrative Tribunal (QCAT). The central legal issue was whether the Department's failure to review Ms King-Koi's employment status within the required timeframe constituted a failure to act fairly and reasonably, thus mandating a conversion to permanent employment.

The tribunal examined whether the Department's Chief Executive had a valid reason for not converting Ms King-Koi's employment status within the 28-day timeframe specified under section 149B(7) of the Public Sector Act 2022 (Qld). It assessed whether the Department's inaction was reasonable and fair, and if Ms King-Koi met the criteria for conversion. The tribunal also considered the evidence presented regarding Ms King-Koi's performance and the operational requirements of the Department.

The tribunal found that the Department's failure to make a decision within the required timeframe did not necessarily mean the decision was unreasonable or unfair. The tribunal considered the Department's directive and the applicable statutory provisions, which allowed for a deemed decision not to convert if the timeframe was not met. It held that the Department had not acted unfairly or unreasonably by not converting Ms King-Koi's employment status, as there were no genuine operational reasons to hinder such a conversion, and the Department had not provided an unreasonable explanation for its inaction.

As a result, the tribunal confirmed the Department's decision not to convert Ms King-Koi's employment status, rejecting her appeal.